January 31, 1994
Mr. Bryan M. Perot
Executive Officer
Texas Polygraph Examiners Board
P.O. Box 4087
Austin, Texas 78773-0001
Letter Opinion No. 94-014
Re: Whether the Psychologists' Certification
and Licensing Act, V.T.C.S. art. 4512c,
precludes licensed polygraph examiners from
referring to themselves as "forensic psycho-
physiologists" or to the polygraph services they
provide as "the psychophysiological detection
of deception" or "forensic psychophysi-
ology" (ID# 22899)
Dear Mr. Perot:
On behalf of the Texas Polygraph Examiners Board (the "board"), you ask
whether the Psychologists' Certification and Licensing Act, V.T.C.S. art. 4512c,
precludes licensed polygraph examiners from referring to themselves as "forensic
psychophysiologists" or to the polygraph services they provide as "the
psychophysiological detection of deception" or "forensic psychophysiology." You
explain that these new terms are rapidly being accepted and utilized by polygraph
practitioners nationwide.
You are concerned that polygraph examiners may be precluded from using these
terms by section 22(c) of the Psychologists' Certification and Licensing Act, V.T.C.S.
art. 4512c, as recently amended by the 73rd legislature, which provides:
Nothing in this Act shall be construed to apply to:
. . . .
(c) the activities and services or members of other licensed
professions, including physicians, surgeons, attorneys, registered
nurses, licensed vocational nurses, occupational therapists, certified
social workers, licensed professional counselors, career counselors,
licensed marriage and family therapists, and licensed chemical
dependency counselors, if the activities and services are permitted
under the applicable license and the members do not represent
themselves to be psychologists or describe their services by the use
of the term "psychological."
V.T.C.S. art. 4512c, § 22(c), as amended by Acts 1993, 73d Leg., ch. 778, § 21 (eff.
Sept. 1, 1993). You appear to be concerned that the use of the terms
"psychophysiologist," "psychophysiological" and "psychophysiology" by polygraph
examiners would bring them within the ambit of the Psychologists' Certification and
Licensing Act by virtue of this provision. We believe your concern is unfounded.
Section 22(c) of the Psychologists' Certification and Licensing Act excepts from
the statute's regulatory scope other licensed professionals unless they describe themselves
as "psychologists" or use the term "psychological." Although the terms "psycho-
physiologist," "psychophysiological" and "psychophysiology" contain the same Greek
root as the terms "psychologist" and "psychological," the terms at issue do not contain the
terms "psychologist" and "psychological" and they have different meanings than those
terms. Furthermore, we believe that if the legislature had intended to bring within the
ambit of the Psychologists' Certification and Licensing Act all licensed professionals who
use the Greek root "psych" or "psycho" to describe themselves or their services, it would
have provided so expressly. Therefore, we believe that it would be inappropriate for us
to interpret this provision to that effect here. For these reasons, we conclude that the
legislature did not intend for a polygraph examiner who uses the terms
"psychophysiologist," "psychophysiological" and "psychophysiology" to be subject to the
Psychologists' Certification and Licensing Act.
Finally, we caution that the Polygraph Examiners Act, V.T.C.S. art. 4413(29cc),
does not appear to permit licensed polygraph examiners to refer to themselves as
"licensed psychophysiologists." We find no authority in the Polygraph Examiners Act
for licensed polygraph examiners to describe their licenses as anything other than
"polygraph examiner's licenses" or to describe themselves as anything other than
"licensed polygraph examiners," or for the board to issue anything other than "polygraph
examiner's licenses." See V.T.C.S. art. 4413(29cc) § 19(6) (making any willful
misrepresentation or false promises or causing to be printed any false or misleading
advertisement for the purpose of directly or indirectly obtaining business or trainees is
basis for discipline). We believe that the legislature must amend the Polygraph
Examiners Act in order for licensed polygraph examiners to refer to themselves as
"licensed psychophysiologists."
S U M M A R Y
A polygraph examiner who uses the term "psychophysiologist"
to describe his or her profession, or the terms "psychophysiological"
and "psychophysiology" to describe his or her services is not subject
to the Psychologists' Certification and Licensing Act, V.T.C.S. art.
4512c, by virtue of section 22(c) of that act. The Polygraph
Examiners Act, V.T.C.S. art. 4413(29cc), does not authorize
licensed polygraph examiners to describe their licenses as anything
other than "polygraph examiner's licenses" or to describe themselves
as anything other than "licensed polygraph examiners," or authorize
the board to issue anything other than "polygraph examiner's
licenses."
Yours very truly,
Mary R. Crouter
Assistant Attorney General
Opinion Committee
LO-
LDB
ID# 22899
INDEX HEADINGS
BUSINESS AND COMMERCE
LICENSES, CERTIFICATES, PERMITS
______________________________
______________________________
We note, for example, that if we construed section 22(c) to subject any licensed professional
who uses the root "psych" or "psycho" to describe his or her profession or services, then psychiatrists
would be subject to the Psychologists' Certification and Licensing Act, a result the legislature clearly did
not intend.
Of course, any polygraph examiner who represents himself or herself to be a psychologist, or
who describes his or her services by the use of the term "psychological" would be subject to the
Psychologists' Certification an Licensing Act.
Mr. Bryan M. Perot - Page 3